Case law

duPont Glore Forgan Inc. v. American Telephone & Telegraph Co.

428 F. Supp. 1297 · District Court, S.D. New York · Mar 23, 1977

A brief examination of the refund procedures established by the Code is necessary to an understanding of the issues involved. … taxes from the government without giving the Internal Revenue Service an opportunity to consider their claims administratively, and without being subject to the statutes of limitations imposed by the Code. 25 This would clearly

Kinsey, Jr. v. The New York Times Company

District Court, S.D. New York · Mar 23, 2020

(recognizing New York’s interest “in establishing a standard of fault for its news media”); Test Masters Educ. … Accordingly, the statement is accorded absolute immunity in this defamation suit, negating Plaintiffs claim. VII.

Hammonds for Green v. Bowen

652 F. Supp. 491 · District Court, S.D. New York · Jan 27, 1987

The record also establishes that up until his death Mr. Kiett was visiting Israel virtually every week even though he lived in Philadelphia and Israel lived in New York. … This type of claim is clearly not applicable to the present case where it is undisputed that Leon Kiett is Israel Green's father.

Costa v. Deutsche Bank National Trust Co.

247 F. Supp. 3d 329 · District Court, S.D. New York · Mar 30, 2017

The Loan Instruments here establish such terms. … Not all borroivers who submit An application will qualify for a loan modification.

Bainbridge Fund LTD v. The Republic of Argentina

District Court, S.D. New York · Sep 6, 2023

The Court of Appeals reasoned that, once the asset was recalled to the United States, it would “qualify as an asset ‘in the United States of a foreign state’” that should “be afforded … Similarly, the Specimen Note provides that the Republic “consents generally for the purposes of the [FSIA] to the giving of any relief,” clearly incorporating the FSIA into the consent

Lord Jeff Knitting Co. v. Warnaco, Inc.

594 F. Supp. 579 · District Court, S.D. New York · Sep 28, 1984

the Court of Appeals for the Second Circuit has recently indicated that where the issue is determined at least partly on the basis of non-documentary evidence, it is treated as an issue of fact subject to review on the “clearly … Section 368-d’s qualifying clause means exactly what its language denotes. Neither competition between the parties nor confusion about the source of products, Dallas Cowboys Cheerleaders, Inc. v.

Janczuk v. United States

District Court, S.D. New York · Aug 21, 2024

Sovereign immunity The Court must dismiss Plaintiff’s claims against the United States of America under the doctrine of sovereign immunity. … factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible”); Livingston, 141 F.3d at 437 (“An action is frivolous when either: (1) the factual contentions are clearly

Chrichlow v. Sipple

District Court, S.D. New York · Oct 7, 2022

To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … Given the conclusions herein, the Court need not and does not address Moving Defendants’ conclusory qualified immunity argument. II.

Bionx Implants, Inc. v. Linvatec Corp.

99 F. Supp. 2d 396 · District Court, S.D. New York · May 31, 2000

To begin with, to qualify as “rigid” within the specifications of the ’976 Patent, a suture must be designed to be pushed through tissue. … It thus runs afoul of the well-established rule that a device does not infringe merely because it can be altered to make it infringe, as “the question is not what a device might have been made to do, but what it was *399

City of New York v. Citisource, Inc.

679 F. Supp. 393 · District Court, S.D. New York · Mar 7, 1988

Because attachment is a provisional remedy, a court should not decide the merits of a cause of action on a motion for attachment unless the complaint and the affidavits clearly indicate that the plaintiff must fail. … The City has questioned the defendants’ claim that the trust is a qualified ERISA trust, but contends that it cannot challenge the validity of the trust without further discovery.

Reich v. New York Hospital

513 F. Supp. 854 · District Court, S.D. New York · Apr 30, 1981

Whether plaintiff would be able to establish that she is qualified for the position in question is less certain. Ms. … Certainly, at any trial, defendant would be able to establish its reliance upon the non-discriminatory motive it has advanced; indeed, it has overwhelmingly established the existence of a non-discriminatory motive. .

Harada v. DBL Liquidating Trust (In Re Drexel Burnham Lambert Group, Inc.)

160 B.R. 729 · District Court, S.D. New York · Nov 16, 1993

To reverse a ruling to admit evidence on hearsay grounds, Appellant must establish both an abuse of discretion, Saks Int’l. Inc. v. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

United States ex rel. Moy Wing Yin v. Murff

167 F. Supp. 828 · District Court, S.D. New York · Nov 7, 1958

Apparently the Service did publicize the availability of benefits under Section 244 (a) (1) of the Immigration and Nationality Act in order to encourage aliens who could qualify thereunder and who would voluntarily disclose … It is clearly established that we are not here concerned with an innocent mistake.

Springwell Corp. v. Falcon Drilling Co., Inc.

16 F. Supp. 2d 300 · District Court, S.D. New York · Sep 23, 1998

However, a review of the cases applying Morris Cohon indicates that courts have, at a minimum, required the writing relied upon to establish clearly the existence of the alleged finder’s agreement and its subject matter. … However, in order for an accord and satisfaction to be established, the person receiving the check must have been clearly informed that acceptance of the amount offered will settle or discharge the disputed claim. Id.

Curry v. Kim

District Court, S.D. New York · Nov 14, 2023

To that point, it is well-settled that “New York has not waived its sovereign immunity in § 1983 lawsuits, nor has Congress abrogated the State’s immunity.” Phillips v. … immunity or the availability of declaratory relief.

Powell v. United States of America

District Court, S.D. New York · Aug 31, 2020

Qualified Immunity Finally, Santos contends that Powell’s claims are barred by qualified immunity. See Def. Mem. at 19-20. … “Qualified immunity” “protects public officials performing discretionary functions from personal liability in a civil suit for damages insofar as the conduct does not violate clearly established statutory or constitutional

In re Sumitomo Copper Litigation

182 F.R.D. 85 · District Court, S.D. New York · Sep 18, 1998

Plaintiffs’ counsel are qualified for the purposes of Rule 23(a)(4). … It does not take a battalion of rocket scientists to handle a large case — although each side clearly have talented and competent counsel.

Wachovia Bank & Trust Co., N. A. v. Randell

485 F. Supp. 39 · District Court, S.D. New York · Feb 5, 1979

Although under the rule in a proper situation the District Judge may specify that his order be without prejudice, Judge Galston did not so qualify his order of dismissal.” … The court then said: “These remarks have been taken to establish the rule in this circuit that a dismissal on the ground of statute of limitations would bar a second action on the same claim in a different forum.

Zucker Ex Rel. Zucker v. Panitz

299 F. Supp. 102 · District Court, S.D. New York · May 15, 1969

In sum, defendants’ main factual argument is that the war is not a school-related activity, and therefore not qualified for news, editorial and advertising treatment. … Moreover, the paper includes letters to the editor, clearly a part of the journalistic experience which would be truncated were the newspaper merely a dummy. 2 . See also Kissinger v.

Greenfield v. Kanwit

546 F. Supp. 220 · District Court, S.D. New York · Aug 4, 1982

Once a qualified privilege has been established, moreover, the burden of demonstrating malice is the plaintiff’s. Toker v. Poliak (1978) 44 N.Y.2d 211 , 219, 405 N.Y.S.2d 1 , 5, 376 N.E.2d 163 , 167. … Clearly there would be no claim of libel if defendant had typed the letter himself and handed it to plaintiff. So the claim, if any, must arise out of the publication to the secretary.